9911796707
TMI Blog2021 (9) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of SIDDHARAM SATLINGAPPA MHETRE VERSUS STATE OF MAHARASHTRA AND OTHERS [ 2010 (12) TMI 1085 - SUPREME COURT] , wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of GURBAKSH SINGH SIBBIA VERSUS STATE OF PUNJAB [ 1980 (4) TMI 295 - SUPREME COURT] to hold that No hard and fast rules can be laid down in discretionary matters like the grant or refusal of bail, whether anticipatory or otherwise. No such rules can be laid down for the simple reason that a circumstance which, in a given case, turns out to be conclusive, may have no more than ordinary signification in another cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the applicant may be granted anticipatory bail. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. 5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., reported at [2011] 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565. 8. In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of his arrest in connection with a FIR being I-C.R. No. 06 of 2021 registered with Ahmedabad Zone Police Station, Ahmedabad on executing a personal bond of ₹ 10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions: (a) shall co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order. 10. At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order. 11. Rule is made absolut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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